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April 20, 2007
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE AT 718-437-8892
Mr. Anthony Berkowitz, President
Focus Camera, Inc.
905 McDonald Avenue
Brooklyn, New York 11218
Re: File No. EB-07-SE-071
Dear Mr. Berkowitz:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S 503(b)(5), for
marketing in the United States a police radar jamming device manufactured
by Rocky Mountain Radar ("RMR"), specifically, the RMR-C450 device, in
violation of Section 302(b) of the Act, 47 U.S.C. S 302a(b), and Sections
2.803, 15.205 and 15.209 of the Commission's Rules ("Rules"), 47 C.F.R. SS
2.803, 15.205 and 15.209. As explained below, future violations of the
Commission's rules in this regard may subject your company to monetary
forfeitures.
On February 22, 2007, the Spectrum Enforcement Division ("Division") of
the Enforcement Bureau received a complaint alleging that Focus Camera,
Inc. is marketing the RMR-S201 and RMR-C450 device. On April 4, 2007, the
Division staff visited Focus Camera, Inc.'s Internet web site at
[1]www.Focuscamera.com and observed that Focus Camera, Inc. is marketing
the RMR-C450 device. The Division staff observed that Focus Camera, Inc.
was not marketing the RMR-S201 device at that time.
On January 31, 2007, the Division issued a Notice of Apparent Liability
for Forfeiture ("NAL") proposing a $25,000 forfeiture against RMR for
marketing the RMR-C450 device in apparent willful and repeated violation
of Section 302(b) of the Act and Sections 2.803, 15.205 and 15.209 of the
Rules. In the NAL, we noted that the Commission's Office of Engineering
and Technology ("OET") Laboratory had obtained samples of the RMR-C450
device directly from RMR for testing. Testing of the samples indicated
that the unit is designed to emit a signal that intentionally interferes
with a licensed radio service (police radar), and is indeed capable of
interfering with police radar. Therefore, the OET Laboratory concluded
that the device is an intentional radiator, as described in Section
15.3(o) of the Rules, 47 C.F.R. S 15.3(o). In addition, the OET
Laboratory's tests indicated that the RMR-C450 device produced a radiated
emission at 11.23 GHz, a restricted frequency band listed in Section
15.205 of the Rules and that this radiated emission substantially exceeds
the radiated emission limits for intentional radiators specified in
Section 15.209 of the Rules. The OET Laboratory also concluded that the
RMR-C450 device was improperly certified. In this regard, the OET
Laboratory noted that the grant of certification issued for the RMR-C450
device indicates that the device was tested as an "unintentional
radiator." As explained above, however, the OET Laboratory found that the
device is an intentional radiator.
Section 302(b) of the Act provides that "[n]o person shall manufacture,
import, sell, offer for sale, or ship devices or home electronic equipment
and systems, or use devices, which fail to comply with regulations
promulgated pursuant to this section." Section 2.803(a)(1) of the Rules,
47 C.F.R. S 2.803(a)(1), provides that:
no person shall sell or lease, or offer for sale or lease (including
advertising for sale or lease), or import, ship, or distribute for the
purpose of selling or leasing or offering for sale or lease, any radio
frequency device unless ... [i]n the case of a device subject to
certification, such device has been authorized by the Commission in
accordance with the rules in this chapter and is properly identified and
labeled as required by S 2.925 and other relevant sections in this
chapter.
Pursuant to Section 15.201 of the Rules, 47 C.F.R. S 15.201, intentional
radiators must ordinarily be authorized in accordance with the
certification procedure prior to marketing. Section 2.803(g) of the Rules,
47 C.F.R. S 2.803(g), however, provides in pertinent part that:
[R]adio frequency devices that could not be authorized or legally operated
under the current rules ... shall not be operated, advertised, displayed,
offered for sale or lease, sold or leased, or otherwise marketed absent a
license issued under part 5 of this chapter or a special temporary
authorization issued by the Commission.
Further, Section 333 of the Act, 47 U.S.C. S 333, prohibits any person
from willfully or maliciously interfering with or causing interference to
any radio communications of any station licensed or authorized by the
Commission. Moreover, Section 15.205 of the Rules prohibits radiated
emissions, other than spurious emissions, in any of the restricted
frequency bands listed in that section. Thus, intentional radiators that
cannot legally be operated - because, for example, they interfere with or
jam licensed police radio facilities or operate in restricted frequency
bands - are not eligible for a grant of equipment certification. Finally,
Section 15.209 of the Rules sets forth the radiated emission limits
applicable to intentional radiators.
As noted above, contrary to the claims of RMR, the RMR-C450 device is an
intentional radiator. This device is not, however, eligible for a grant of
certification because its intended purpose is to interfere with Commission
authorized radio facilities, specifically, licensed police radar, in
violation of Section 333 of the Act, and the OET Laboratory has determined
that this device in fact is capable of interfering with police radar.
Moreover, there are two additional grounds for finding the marketing of
the RMR-C450 device to be unlawful. The RMR-C450 device is not eligible
for a grant of certification because it produces a radiated emission in
the restricted frequency band at 11.23 GHz in violation of Section 15.205
of the Rules. This radiated emission also substantially exceeds the
radiated emission limits for intentional radiators specified in Section
15.209 of the Rules.
Additionally, the record before us indicates that Focus Camera, Inc.
apparently is and has been marketing the RMR-C450 device. Accordingly, it
appears that Focus Camera, Inc. has violated Section 302(b) of the Act and
Section 2.803 of the Rules by marketing the RMR-C450 device, which is not
eligible for a grant of equipment certification because it is intended to
interfere with licensed police radar, in violation of Section 333 of the
Act. Focus Camera, Inc. has also apparently violated Section 302(b) of the
Act and Sections 2.803, 15.205 and 15.209 of the Rules by marketing the
RMR-C450 device, which is not eligible for a grant of equipment
certification because it produces a radiated emission in the restricted
frequency band at 11.23 GHz, and which produces emissions that
substantially exceed the radiated emission limits for intentional
radiators.
If, after receipt of this citation, Focus Camera, Inc. violates the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.
If you choose to do so, you may respond to this citation within 30 days
from the date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business, or (2) a
written statement. Your response should specify the actions that Focus
Camera, Inc. is taking to ensure that it does not violate the Commission's
rules governing the marketing of intentional radiating jamming devices in
the future.
The nearest Commission field office is the New York Office in New York
City, New York. Please call Katherine Power at 202-418-0919 if you wish
to schedule a personal interview. You should schedule any interview to
take place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to:
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12^th Street, S.W., Rm. 3-C366
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
The NAL also included the RMR-S201 device which is not relevant to this
citation.
Rocky Mountain Radar, Notice of Apparent Liability for Forfeiture, 22 FCC
Rcd 1334 (Enf. Bur., Spectrum Enf. Div., 2007) ("RMR").
Id. at 1335.
Id.
Id. An intentional radiator is defined by Section 15.3(o) of the Rules, 47
C.F.R. S 15.3(o), as "[a] device that intentionally generates and emits
radio frequency energy by radiation or induction."
RMR, 22 FCC Rcd at 1335.
Id. RMR obtained certification for the RMR-C450 under FCC ID No. QKK-C03
by representing to a Telecommunications Certification Body that the device
was a radar detector. We note, however, that RMR marketed the device as a
radar detector and a radar "scrambler."
RMR, 22 FCC Rcd at 1335. An "unintentional radiator" is defined by Section
15.3(z) of the Rules, 47 C.F.R. S 15.3(z), as:
[a] device that intentionally generates radio frequency energy for use
within the device, or that sends radio frequency signals by conduction to
associated equipment via connecting wiring, but which is not intended to
emit RF energy by radiation or induction.
Section 2.1(c) of the Rules, 47 C.F.R. S 2.1(c), defines a spurious
emission as "[e]mission on a frequency or frequencies which are outside
the necessary bandwidth and the level of which may be reduced without
affecting the corresponding transmission of information."
RMR, 22 FCC Rcd at 1337-8.
Id. at 1338.
Id.
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 07-1764
2
Federal Communications Commission DA 07-1764
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
References
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